General Introduction

1.1 The meaning of"law" and related terms

The word"law" has more than one connotation. Section 3(1) of the Constitution of Trinidad and Tobago provides:

'"law" includes any enactment, and any Actor statutory instrument of the United Kingdom and before the commencement of this Constitution had effect as part of the law of Trinidad and Tobago, having the force of law and any unwritten rule of law'.

Needless to say, any legislation passed by a legislative authority in Trinidad and Tobago has the force of law. It is for this reason that the definition uses the word "includes" rather than means, the intention of the definition being to ensure that the statute laws inherited from the UK at independence as well as so-called judge-made law of both the UK and Trinidad and Tobago, commonly called the common law or case law apply. In legislative circles, this latter category is often referred to as unwritten law, to distinguish it from written law – that is, Acts of Parliament and statutory instruments. In this book, unless otherwise stated, the word "law" is used in reference to Acts and statutory instruments. These are laws made by a legislative authority.

In that connection, the following definitions from section 75 (1) of the Interpretation Act Chap. 3:01 must be noted:

"Act" means any Act of Parliament whether passed before or after the commencement of this Act and includes an applied Act and an Ordinance passed by a legislature of the former colony of Trinidad and Tobago;

"amend" includes add to, partially repeal and wholly or partially replace;

"applied Act" means an applied Federal Act or an applied United Kingdom Act;

"applied Federal Act" means an Act of the Parliament of the Federation of the West Indies, including a Regulation deemed to be enacted by that Parliament under section 2 of the West Indies (Federation) Order in Council 1957, which after the dissolution of the Federation was continued in force in Trinidad and Tobago by section 3 of the Interim Commissioner (Continuation and Adaptation of Laws) Order 1962 made under Article 16(1)(a) of the West Indies (Dissolution and Interim Commissioner) Order in Council 1962;

"applied United Kingdom Act" means an Act of Parliament of the United Kingdom having effect or having had effect as part of the Law of Trinidad and Tobago or of Trinidad or of Tobago;

"applied written law" means an applied Act or any statutory instrument made there under, including any such statutory instrument made by the President or other officer or authority of the Government of Trinidad and Tobago, having effect or having had effect as part of the law of Trinidad and Tobago or of Trinidad or of Tobago;

"commencement", when used with reference to any statutory provision, means the time at which that provision comes into operation;

"contravention" includes, in relation to any statutory provision, a failure to comply with that provision;

"define", in relation to an expression, includes to make any provision relating to the interpretation of that expression;

"enact", used in relation to written law, includes make;

"House" or "Chamber" means the Senate or the House of Representatives;

"make", used in relation to written law, includes enact or issue;

"repeal" includes revoke, rescind, cancel or replace;

"revoke" includes rescind, cancel or replace;

"statutory document" means a document issued under an Act other than a statutory instrument or a warrant or order of a Court;

"statutory instrument" means any proclamation, rule (including Rule of Court), regulation, order, bye-law, resolution of either House of Parliament, notification, appointment, warrant, scheme or other instrument made under a written law; but does not include–

(a) a conveyance, agreement or bond, an appointment of a person, a personal or private notice, or other instrument of a like nature, or

(b) an order made or warrant issued by a Court;

"written law" means the Constitution, the Constitutional Instruments, Acts, subsidiary legislation or applied written law, and includes part of a written law.

Further, section 79 of the Interpretation Act Chap. 3:01 provides the following definitions:

"Constitutional Instruments" means the Trinidad and Tobago Independence Act, 1962 and the Constitution of the Republic of Trinidad and Tobago Act, including the Constitution;

"Order in Council" when used in a written law made after the commencement of this Act means an order of the President made on the advice of Cabinet and includes an Order made in like manner by a former Governor of Trinidad and Tobago or by a person exercising any of the functions of the office of Governor;

"prescribed" means prescribed in or under the written law in which the expression occurs;

"statutory board" means any commission, board, committee, council or similar body established by an Act.

The Schedule to the Interpretation Act Chap. 3:01, paragraph 1(1), has some other important definitions – and note that the Order in Council is defined in this Act also – which apply to written laws passed or made before the commencement of the Act, which was originally passed in 1962:

"Imperial Act" means an Act passed by the Imperial Parliament;

"Imperial Parliament" or "Parliament" means the Parliament of the United Kingdom;

"Order in Council" includes an Imperial Order in Council, an order of the President made on the advice of the Cabinet, and a resolution of both Chambers of the Legislature having the force of law;

"regulation" includes any rule, bye-law, order, form of notice, issued or made under the authority of any law;

"rule" includes regulation and has the same meaning as that term.

Acts are enacted by Parliament while statutory instruments can be made by Ministers.

1.2 The expertise to draft laws

1.2.1 The staffing and functions of the Legislative Drafting Department

The Legislative Drafting Department is responsible for the drafting of original legislation, that is, written law relating to an area of activity not already covered by existing written law, as well as for the drafting of amendments to existing written laws. The Legislative Drafting Department is separate from the Law Reform Commission. The latter's function is to keep all law applicable to Trinidad and Tobago under review by inviting suggestions from relevant institutions and the public, with a view of development and reform. This includes...